Applicant Name:  ?????

Application Receipt Date: 2008/12/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "When I was in Iraq my wife was sleeping with alot of people. When I got back I tried to over look it but more and more kept coming out.  Then it started happening while i was there but this time all the money was being used for cocaine.  She had a problem and i was more worried about my home life more than the military because of my daughter.  I got to the point i couldnt stop thinking about the problem even at work.  I started seeing a therapist to solve the problem but it didnt help.  By then i was already missing work and not showing up for formations.  By the time i realized I was not only hurting myself but my daughter too, i had already made to many mistakes.  How was i supposed to be a role model for my daughter when i couldnt even function my own life.  So i tried to be high speed again but i was to far down.  I got out of the army and moved back home and started playing baseball again.  It got me into a division one college, Ball State University.  I start in Jan. 2009 but i recieved a paper stateing i couldnt recieve my GIBILL.  It is hard to move on when old problems wont let you live it down.  I understand why the army did what it did, but you cant truely grow as a human unless you have mistakes you can learn from.  I plan on joining the army again but this time as an officer, but because of this major problem, i believe i could help people in the same situation, before they jepordize their future like i did mine."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 071213
Discharge Received: 			   Date: 071228   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 1-506 IN Bn, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant was reduced from SPC/E-4 to PFC/E-3 effective date:  17 October 2007.  However, the document that reduced him is not part of the available record. 

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 061213    Current ENL Term: 5 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 16Days ?????
Total Service:  		03 Yrs, 08Mos, 07Days ?????
Previous Discharges: 	RA-040422-061212/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: 98   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (051122-061113)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Muncie, IN
Post Service Accomplishments: The applicant claims he attends Ball State University.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct for failure to report on several occasions, assault upon a NCO, and cited for domestic vandalism, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to have his  case heard by an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 14 December 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the  issues and document he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst noted the applicant's issues; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 September 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019786
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